ca10163.26 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 913 SECOND APPEAL NO. 35 OF 1998 WITH CIVIL APPLICATION NO. 10164 OF 2026 WITH CIVIL APPLICATION NO. 10163 OF 2026 IN SA/35/1998 Vithal Satwaji Gite VERSUS Sugreev Manika Yadav And Ors. ... Advocate for Appellant : Mr. B.N. Gadegaonkar ….. CORAM : SANJAY A. DESHMUKH, J. DATED : 4th SEPTEMBER, 2026 PER COURT :- 1. The civil application No. 10163 of 2026 is filed for condonation of delay of 225 days caused in filing the application for bringing the legal representatives of deceased appellant sole on record and for setting aside the abatement. 2. In so far as the civil application No. 10164 of 2026 is concerned, the same is filed for condonation of delay of 2267 days caused in filing the civil application for bringing the legal representatives of respondent No.5 on record by setting aside the abatement. ca10163.26 -2- 3. Perused the applications. Heard learned advocate for the applicant. For the reasons stated in the applications and considering the fact that the lis between the parties is required to be decided on merits and in the interest of justice, the applications deserve to be allowed. 4. Accordingly, the applications are allowed in terms of prayer clauses “B” and “C”. Delay stands condoned. Abatement is set aside. Amendment be carried out within two weeks from today. 5. Time is also extended by two weeks to carry out the amendment as per the order dated 20.8.2026, failing which the costs amount of Rs.2000/- be deposited in the office of High Court Legal Services Sub Committee, Aurangabad. 6. List the second appeal on 24.09.2026. (SANJAY A. DESHMUKH, J.) rlj/